TOWNSHEND v. DUNCAN. 49

is not confined to that which may be specially asked or suggested,
orally or otherwise; but may adapt the relief exactly to the nature
of the case stated in the bill, regardless of any thing that may be
said to the contrary by any of the parties. But if there be no gene-
ral prayer, and the special prayer cannot be granted, the plaintiff
must amend his bill or have it dismissed, (c)

Before a decree can be so correctly framed as to suit the pecu-
liar nature of the case now under consideration, the court must be
furnished with some further information, and with some statements

by way of illustration of the bearings of the allegations of the bill.

But no case can be sent to the auditor for any such purposes,
where there is no ground for relief shewn by the pleadings, or

where the facts as stated in the bill, do not, of themselves, exhibit
a sufficient foundation for some relief, either under the special or
the general prayer, (d) It will therefore be necessary to see
whether these plaintiffs have stated such facts as constitute a case
that entitles them to relief; and also to consider what are the pow-
ers and duties of the auditor to collect information, and make state-
ments in cases of this kind.

The facts of which the plaintiffs have constituted their case, are

these : William Duncan, being seized and possessed, in fee sim-
ple, of a parcel of land, containing two hundred and twenty-nine
acres and a half, by his last will devised it to his two infant chil-
dren, the defendants William and Caroline, and their heirs forever

as joint tenants; and to his daughter Anna Maria, now the wife

of the plaintiff Perry Townshend, he bequeathed an annuity of
sixty dollars, to be paid to her out of the rents and profits of his
real estate above mentioned, annually during her life; and ap-
pointed his wife Deborah, the mother of the defendants William
and Caroline, his executrix; that the testator died in March, 1810|
and the executrix Deborah, administered upon his estate, and paid
to the plaintiff Anna Maria, her annuity for one year; after which
the executrix Deborah died, and administration de bonis non was
thereupon granted to Thomas Iglehart; that the defendant Robin-

(c) Chicot v. Lequesne, 2 Ves. 318; East India Company v. Henchman, 1 Ves.
jur. 289; Wheeler v. Trotter, 3 Swan, 174, n.; Gordon v. Gordon, 3 Swan, 472;
Barfield v. Kelly, 3 Cond. Chan. Rep. 703; Topham v Constantine, 5 Cond. Chan.
Rep. 322; Brice v. Bletchley, 6 Mad. 17; Edney v. Jewell, 6 Mad. 165; Cuthbert
v. Creasy, 6 Mad. 189; Flint v. Field, 2 Antr. 543; Hall v. Maltby, 2 Exche. Rep.
463; Carew v. Johnston, 2 Seho. and Lefr. 280; Lingan v. Henderson, 1 Bland, 236,
(d) Holloway v. Mellard, 1 Mad. Rep. 421, (229.)